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(영문) 서울중앙지방법원 2014.06.25 2013고단5780
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 15, 2010, the Defendant was issued a summary order of a fine of three million won by the Seoul Eastern District Court due to a violation of the Road Traffic Act (driving) and a fine of five million won by the Seoul Central District Court on February 21, 2007.

【Criminal Facts】

On July 24, 2013, at around 22:50, the Defendant driven BM5 car under the influence of alcohol content of 0.152% without obtaining a driver’s license, in a section of about 1km from the area near the Shindong-dong Village of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the 442-10th day, to the vicinity of the Kudong-dong-dong Underground Road of the Government of the Government of the Government.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report attached to a summary order of the same case);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that social service and education orders have several records of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, but they have reached the crime of this case, and that blood alcohol concentration is significant, etc., the punishment of this case is not minor, but the defendant is against his mistake, there is no penalty power exceeding the fine of the same kind of crime, and other factors of sentencing as indicated in the records, such as the defendant's age, character and behavior and environment, shall be determined as ordered by taking into account

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